Donald Trump published a decree to close the Ministry of Education. Now what?

Washington, DC – March 20: US President Donald Trump signs an executive decree to reduce size … More and the scope of the education department alongside schoolchildren signing their own versions, during a ceremony in the East House House on March 20, 2025 in Washington, DC. The order educates the Secretary of Education Linda McMahon, former head of the Small Business Administration and co-founder of The World Wrestling Entertainment, to shrink the department of $ 100 billion, which cannot be dissolved without the approval of the Congress. (Photo of Chip Somodevilla / Getty Images)

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Today, President Donald Trump has published his planned decree to close the United States Ministry of Education. But the order is short of details; What can President Trump and the Secretary of Education Linda McMahon do legally?

The Ministry of Education was created in 1979, but many of its signature responsibilities is in fact previous to the department itself. Although the ministry can administer these programs, it has not created them.

Title I, which provides federal funding to help strengthen local education resources for low -income families, was established within the framework of the original primary and secondary education law in 1965. The law on the education of disabled people (IDEA) was initially adopted as the Education Act for all disabled children in 1975.

These two programs represent more than $ 30 billion in funding from the department to local school districts. Created by Congress, these are programs which, in theory, cannot be simply finished by a president.

After having cited a justification for the closure of the ministry, the critical part of the decree is this

The Secretary for Education must, to the maximum appropriate and authorized by law, take all the measures necessary to facilitate the closure of the Ministry of Education and the Return Authority on Education to States and Local Communities while guaranteeing the effective and uninterrupted service of services, programs and advantages on which Americans count.

The appropriate maximum extent authorized by law is the node of the case. The ministry cannot be dissolved without act of congress, although the administration can continue to dig the department in dismissing more staff. As CNN reported, the press secretary of the White House declared before the signing that the order would move to considerably minimize the agency and that certain critical functions would remain under the aegis of the department.

Critical functions could be one of the grant programs created by the Congress. Project 2025 proposed to transform Title I and the Ideas for Ideas into Bloc subsidies in the United States to use as they wish, the financing of title I will be reduced to zero in ten years. And Trump also said that he would reduce school funding that does not comply with some of his requirements.

Other functions of the department have already been affected by staff cuts, including the civil rights office (such as reported by CNN) and the National Center for Educational Statistics (as reported by ABC News). The NCES collects and compiles data on us, education, including the national assessment of educational progress, the source of the data that the decree cites in its justification for the closure of the department.

The expert in school financing Bruce Baker, writing for the Albert Shanker Institute, believes that the elimination of federal aid would lead to major decreases in the success of students, a kind of loss of learning induced by the federal government. The effect of transforming them into subsidies to be blocked would depend on how the state used money; Baker notes the irony according to which state subsidies are based on needs, but the State is not obliged to give money to the districts where there are needs. Baker predicts that block subsidies would exacerbate the realization gaps in most states.

In the end, the decree does not tell us much that we did not know – Trump intends to end the department, in a way, while retaining certain programs, in one form or another.

The reform of education Now, a advocacy group on education reform, has created a simple explanator to break the areas of authority in the department and its program and show which legal limits are confronted with Trump and McMahon. First, who has the real power of certain acts?

Who has power?

Education reform now

What programs would require an act of congress for change?

Department programs

Education reform now

The only question that really answered today is whether Trump will really try to close the department. We now know that the response without surprise is yes. We still don't know what exactly it looks like.

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